5. Uluslararası Öğrenci Sempozyumu, Edirne, Türkiye, 6 - 08 Aralık 2019, cilt.3, ss.57-71
Anahtar Kelimeler: Osmanlı Devleti, 16. yüzyıl, Bey‘ bi’l-istiğlâl, Finans yöntemi, Şer‘iyye Sicili
Bey'Bi'-l-İstiğlal is a sales contract which was added to contacts in the school of Hanafi in the later periods. It was implemented intensely as a financial method in Ottoman Empire in the late 16th century. Bey'Bi'-l-İstiğlal contract was introduced as a credit and financial method to Ottoman practice since the 2nd quarter of 16th century and it was used a secondary method along with muamele-i şerriye (a method of interest) in the money foundations beginning from its introduction. It is possible. to state that it became widespread since the second half of 16th century. Thus, it turned into a systematic credit and finance implementation with the institutionalization of money foundations in the Ottoman Era. When the records of relevant registry are checked, especially this sales contract is encountered among the operations made by foundations. The records about Bey'Bi'-l-İstiğlal is placed in the second position after bey'i-batt which is a trade contract in general, in implementation in the relevant period; and it was in the first position in foundational operations regarding its order. That much usage of this contract shows that people need such kind of sales contracts a lot in order to meet their need of money in their daily trading concerns which some people called tricky sales but allowed in the school of Hanafi. The records about Bey'Bi'-l-İstiğlal in the registry numbered B-18 from Bursa ecclesiastical laws were examined extensively by detecting in terms of content. At that time, how this gentleman was applied and the amount of the rental fee was emphasized on what percentage of the sales price, transaction and registration numbers were shown and their transactions were analyzed in terms of fiqh. Thus, it is emphasized whether this practice is economically efficient and whether this sale contract can be used as a credit and finance method by participation banks to keep people away from interest.
Keywords: Ottoman Empire, 16th century, Bey ‘bil-istiglâl, Finance method, Sharia Register